The Environmental Protection Agency’s air chief sparred with the Republican chairman of a House energy panel Wednesday on the legality of the centerpiece of the Obama administration’s climate plan.
Janet McCabe, whose office is in charge of implementing the Clean Power Plan, said the agency is not violating the law by moving ahead on rules related to the plan, despite a Supreme Court stay of the landmark regulation.
“Taking this action is not inconsistent with the stay,” said McCabe, while being questioned by Rep. Ed Whitfield, R-Ky., chairman of the Energy and Commerce Committee’s energy and power panel.
“The stay precludes EPA from implementing the Clean Power Plan. EPA is doing nothing to implement the Clean Power Plan,” she said.
The Clean Power Plan was halted by the Supreme Court in February until all judicial review over the legality of the regulation has concluded. A federal appeals court will hear challenges to the regulation in the fall, with more than two dozen states, industry and union groups opposing the plan, which directs states to cut their greenhouse gas emissions to combat climate change.
Most of the states opposing the Clean Power Plan say it violates the Constitution and exceeds the limits of EPA’s authority under the Clean Air Act.
But McCabe refuted Whitfield’s prodding that the court stayed the rule due to its illegality. “They gave no indication of their reasoning. No court has spoken to the substance,” she said.
“But your interpretation is that it was so important they stayed it?” Whitfield asked.
McCabe answered: “That’s how I understand it. Courts do sometimes stay regulations while they are going through review.”
In the meantime, the EPA issued a 44-page proposed rule for a “voluntary” clean energy incentive program that goes with the halted plan.
Whitfield drilled down on McCabe with questions that appeared to draw a distinction between how EPA sees its actions in light of the court stay and how the GOP and many states’ attorneys general do.
Whitfield: If EPA finalizes this rule, how does it comport with the stay?
McCabe: Taking this action is not inconsistent with the stay. The stay precludes the EPA from implementing the Clean Power Plan. EPA is doing nothing to implement the Clean Power Plan.
Whitfield: And do you think there is universal agreement to what you just said? Or, do you think there are opposing views to what you just said?
McCabe: I wouldn’t want to speak for other people. There are a variety of views on everything the EPA does.
Whitfield: So, that’s EPA’s view, right?
McCabe: It’s EPA’s view. It’s the Department of Justice’s view. And we are being very, very careful about this, Mr. Chairman.
Whitfield: Because I remember y’all making very strong comments about having every faith and confidence that a stay would not be issued by the Supreme Court.
McCabe: We do believe that to be true. I think many people believe that to be true.
Whitfield: Well, a lot of us did not believe that to be true.
